BOARD DATE:	  17 November 2011

		DOCKET NUMBER:  AR20110011579 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Meritorious Unit Commendation (MUC), and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  The applicant states that officials at the Department of Veterans Affairs informed him that Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates his unit was awarded the MUC, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army in Montgomery, Alabama, on 30 September 1969 for a period of 3 years and training as a communications center specialist.

3.  He completed basic training at Fort Benning, Georgia, and was transferred to Fort Gordon, Georgia, where he completed training as a communications center specialist and field radio equipment repairman.

4.  He remained at Fort Gordon until he was transferred to Vietnam on 6 May 1971 for assignment to Headquarters and Headquarters Company, 165th Aviation Group.

5.  After serving in three campaigns, he departed Vietnam on 19 January 1972 for Oakland Army Base, California, where he was honorably released from active duty (REFRAD) on 20 January 1972 under the phase-down release programs.  He completed 2 years, 3 months, and 21 days of active service.  His DD Form 214 issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal, Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal, and Army Commendation Medal.

6.  A review of his official records shows he had "excellent" conduct and efficiency ratings throughout his service and his records are void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.

8.  Department of the Army Pamphlet 672-3 was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's assignment, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  There is no indication the unit was awarded the MUC or Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized based on qualifying service for each campaign listed in appendix B.  Bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the VSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is authorized to have the Republic of Vietnam Gallantry Cross with Palm Unit Citation added to his DD Form 214 has been noted and was found to have merit.

2.  The applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and he is entitled to have that award added to his DD Form 214 at this time.

3.  However, a review of Department of the Army Pamphlet 672-3 failed to show his unit was awarded the MUC or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  In the absence of evidence to the contrary, there appears to be no basis to add those awards at this time.

4.  A review of the applicant's records also shows he had "excellent" conduct and efficiency ratings throughout his period of service and his records contain no derogatory information that would serve to disqualify him for the AGCM (1st Award).  Therefore, it appears the failure to award him the AGCM (1st Award) was the result of an administrative error.  Accordingly, he should be awarded this medal for the period 30 September 1969 to 20 January 1972 and his DD Form 214 should be corrected to show this medal.

5.  The applicant also served in three campaigns in Vietnam and is entitled to wear three bronze service stars on his already-awarded VSM.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x__  ___x_____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding him the AGCM (1st Award) for the period 30 September 1969 to 20 January 1972
* deleting the VSM from his DD Form 214
* adding the AGCM (1st Award), VSM with three bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding awards of the MUC and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.

3.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________x_______________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20110011579



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ABCMR Record of Proceedings (cont)                                         AR20110011579



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